Did High Court weigh POCSO allegations seriously enough? Supreme Court to decide as SLP challenges Anticipatory Bail granted to Swami Avimukteshwaranand

A Special Leave Petition has been filed before the Supreme Court  challenging the anticipatory bail granted by the Allahabad High Court to Swami Avimukteshwaranand Saraswati in a Prayagraj POCSO case. The petitioner has questioned the High Court’s approach, arguing that serious allegations of sexual abuse of minors were not adequately weighed, bringing the spotlight back on judicial standards in pre-arrest bail under the POCSO framework.

The case stems from allegations of sexual abuse reported by minors to a religious associate, who later approached the police after a delay of several days. The High Court granted anticipatory bail, taking note of certain unusual aspects, including the victims confiding in a third party instead of their guardians, the delay in lodging the complaint, and surrounding circumstances that appeared to raise doubts requiring cautious evaluation.

It also rejected the prosecution’s reliance on the statutory presumption under Section 29 of the POCSO Act at the pre-arrest stage. Aggrieved by this relief, the informant has now approached the Supreme Court, contending that the gravity of the accusations and the protective intent of the POCSO regime warranted stricter scrutiny before extending such protection.

The High Court, while granting relief, underscored the need for heightened judicial caution in cases involving serious allegations, particularly where surrounding circumstances raise questions requiring deeper examination. It observed that the statutory presumption under POCSO is not automatically triggered at the stage of anticipatory bail and must await trial-stage evaluation. Importantly, the Court noted that the matter required “greater care and caution”, also flagging procedural concerns such as delay in reporting and media exposure of minor victims in violation of statutory safeguards.

On this basis, anticipatory bail was granted, which is now under challenge before the Supreme Court.